| Matter of Birch Tree Partners, LLC v Zoning Board of Appeal |
| Motion No: 2011-11422 |
| Slip Opinion No: 2012 NY Slip Op 61125(U) |
| Decided on January 12, 2012 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M131596
E/sl
JOHN M. LEVENTHAL, J.P.
ARIEL E. BELEN
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2011-11422 In the Matter of Birch Tree Partners, LLC, appellant, v Zoning Board of Appeals of the Town of East Hampton, et al., respondents. (Index No. 42319-10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enjoin the respondent Windsor Digital Studio, LLC, from continuing the construction of a certain single family residence, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 11, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., BELEN, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court